Loading...
HomeMy WebLinkAboutResolution - 2016-R0031 - Stephen Cone Trust Easement - 01/28/2016Resolution No. 2016-R0031 Item No. 5.7 January 28, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby accepts on behalf of the City of Lubbock an Easement as described on Exhibit "A" attached hereto and incorporated herein by reference, located in Section 14, Block JS, Lubbock, Lubbock County, Texas, for the Northwest Water Reclamation Project, and related documents. Said Easement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the consideration for the Easement shall be $9,500.00 and that closing costs shall also be paid in connection with the purchase of the property, said payments approved herein. Passed by the City Council on January 28, 2016 GLE . RO RTSON, MAYOR ATTEST: Reb ca Garza, City Secre ay AS W CONTENT: 1- Wood Fr in, P.E., Director of PubQ Works Dave Booher, Right -of -Way Agent APP Z AS TOORM: Ch d Weaver, City Attorney RES. Easement -Parcel 39&39A 1.5.16 r V COUNTER FILING Resolution No.2016-R0031 2016005940 14 PCS EASE H^rMfL'iiikkir/i^^iiirrAMi EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS,THAT: COUNTY OF LUBBOCK § STEPHEN CONE III TRUST,by and through Stephen Cone,III,Trustee,hereinafter collectively referred to as GRANTOR,for a valuable consideration,to it paid by The City of Lubbock,Texas (the "Grantee")with offices at 1625 13th Street,Lubbock,Texas 79401,the receipt and sufficiency of which are hereby acknowledged,has granted and does by these presents grant unto Grantee die following described perpetual exclusive easement,servitude and right-of-way,as described herein (hereinafter called the "Easement")through,over,under,upon, acrossand withinthe lands,described in Exhibit A (hereinafter calledthe"Lands"or"Easement Lands")situated in Lubbock County,Texas. Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement together with the right to install,survey,construct,reconstruct,install,operate,inspect,maintain,alter,relocate, replace,repair,and remove (hereinafter called "Permitted Uses")pipelines,conduits,drain (blow-off)valves,valve boxes,meters,meter boxes,vents,manholes,manhole covers,corrosion monitoring test stations,pipeline markers,fence gates,impressed current deep well anode stations with power supplies,flow meters,system communication lines and splice boxes, roadways,and all other equipment and facilities related thereto,or any part thereof (hereinafter collectively called the "Pipeline System"),for and/or related to the transportation ofwater,waste water and effluent through,under,upon,over,across and within the Lands.Such perpetual exclusive Easement shall be as described herein and on Exhibit A attached hereto and incorporated herein,and hereby made a part hereof by reference to describe the Easement and the Lands.Further,Grantor hereby grants unto Grantee a temporary construction easement (the "Temporary Easement")for the construction and installation of the Pipeline System through, over,under,upon,across and within the lands located adjacent to,and abutting,the Easement (me "Temporary Easement Area")as more specifically described on Exhibit Bas well as forall other purposes identified in 13 below.The Temporary Easement shall terminate and expire upon the completion ofall construction activities related to that portion ofthe Pipeline System situated within the Easement. For Ten Dollars ($10.00)and other good and valuable consideration,the receipt and sufficiency ofwhich is hereby acknowledged,this Easement is specifically made by Grantor and accepted by Grantee subject to the following terms,covenants,obligations and conditions: 1.Grantee may use and occupy the Easement for purposes incidental and/or related to the Permitted Uses,including but not limited to:(a)the right to perform all Permitted Uses related to the Pipeline System;(b)the right (for men,material,and equipment)of unimpaired ingress and egress and regress,entry and access in,to,through, on,over,under and across said Easement granted herein,with the right to ingress and Final Easement&Temporary Easement Form , egress and regress to and from and access on and along said Easement, for any and all purposes necessary and or incident to the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water/waste water/effluent transportation. ?. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply with all applicable local, state and federal laws, orders, rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent manner and with due care for Grantor's property, business and operations. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. 3. The Easement granted herein shall be for the transportation of water, waste water, and/or effluent regardless of source, and shall continue in full force and effect unless Grantee should abandon the Pipeline System as identified herein. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. 5. Grantor and Grantee agree that during Permitted Uses related to the Pipeline System, any and all trees, dirt, raw materials, timber, spoil piles, excess dirt, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall be removed by Grantee from Lands and from Grantor's property. 6. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. Notwithstanding anything contained herein to the contrary, although the Grantee may reconstruct any roadway crossed by Grantee in exercising its rights hereunder, Grantee assumes no maintenance for any road reconstructed as a result of Grantee's use of the Easement and Grantee expressly waives same. 7. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all Final Easement & Temporary Easement Form 7 environmental permits required by the Texas Commission on Environmental Quality covering the Easement. 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property at the sole discretion of the Grantee. 10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in 3 above, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. l 1. Grantor warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any 1 ien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. The expense of recording this Easement shall be borne by Grantor. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. Grantee shall have the right to use Grantor's property located immediately adjacent to the Easement and as described on Exhibit B attached hereto and incorporated herein as thought set forth verbatim for the following: A. detouring around natural impediments within the Easement; or B. the construction, maintenance, repair and removal of the Pipeline System within the Easement. 14. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. Final Easement & Temporary Easement Form 3 15. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 16. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 17. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 18. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at.the time of the modification. 19. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 20. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 21. Neither party shall be liable to the other party or any of such party's affiliates in any action or claim, including without any limitation, any action or claim for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. A. To the extent that Grantor owns any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally Final Easement & Temporary Easement Form 4 drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 22. Grantee shall have the right to approve the location and means of future third -party pipelines which will cross Grantee's pipeline system and come within the Easement. Grantee will not withhold reasonable crossing requests, but will act in a manner to protect the Grantee's Pipeline System and Grantee's Easement. 23. All requirements and obligations of Grantor and Grantee relating to the Easement shall also apply in all respects to the property described in Exhibit B. 24.. Nothing contained herein shall be construed as a ivaiver by the Grantee of immunity of any kind or type, including wilhout limitation, 11yaiver of immunity f -om liability and immunity from suit, and the Grantee shall retain all such immunities, except as may be othenilise tivaived pursuant to applicable Imes of the United States or State of Texas. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. [Signatures of the Parties on Next Page ] 4 _ final Easement & Temporary Easement rorrn 5 Resolution No. 2016-R0031 �{ a� EXECUTED this 17day of , 2015 ("Effective Date"). GRANTOR: STEPHEN CONE III TRUST Printed Name: Stephen Cone Its: Trustee GRANTEE: The City of Lubbock By: Name: Glen C. Robertson ` Title: MAYOR 1 ATT S ;• x 46�6-4-0ai2a` ' ''City $Oc'rl Final Easemcnt & Temporary Easement Form 6 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on a % , 2015 b g y Stephen Cone, III, Trustee, on behalf of STEPHEN CONE III TRUST. � _ 4 r VICKI WIHESEART My Commission Expires dune 5, 2019 STATE OF TEXAS COUNTY OF LUBBOCK Notary Public, State of Texas V I � W 1116. -e f- Printed Name of Notary (e A5 h My commission expires: IV This instrument was acknowledged before me on . 2015 by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Hilne Rule/Corporation on behalf of said Texas Home Rule Corporation. //\\ /I My commission expires: _ Final Easement g Temporary Easement Form 7 Exhibit A Legal Description of the Perpetual Exclusive Easement Final Easement & Tempo a Easement Fofm 8 SCALE: 1 "=600' o�� ., N� � 01 Q^ I§ a H of ai Op Uv �� .�.308 At7PFS �rs�r4r�1r ( / J LVDW 8 Dam ALL NORTHWEST WATER RECLAMATION PROJECT Parcel No. 39 - Permanent Easement PERIMETER SURVEY OF A 3.534 ACRE TRACT LOCATED IN SECTION 14, BLOCK JS LUBBOCK COUNTY, TEXAS I ' in 0- _ PARL+<L 37 J PMCa JB *-.,SCALE: 1 T OF BEGINNING N12 OF SECT10N 13, BLOCK A C.L. OU/LLEN VOL. 67, PG. 510 h - 14 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 622.59 ACRES STEPHEN CONE, /// TRUST CCF#P010003402 Line Table Line # Direction Length L1 NOl' 42' 16"E 30.00' L2 S870 50' 40t 5131.19' B S020 00' 12"W 30.Cd L4 N87. 50' 40"W 5131.OV 307.315 ACRES TEXAS TECH UNIVERSITY VOL. 4116, PG. 119 §IV a� M� VI�Oc O s�cr�tW Z � air�rn_e I ( BLOMA V I11 I II NOTES: HEAVY LINES INDICATE PLAT LIMITS. O - SET 1 /2" IRON ROD WITH CAP 0 - SET MAG NAIL WITH SHINER ® - FOUND 1 /2" IRON ROD WITH CAP 0 - FOUND 1 /2" IRON PIPE %,,,SCALE : V-10CP -� J/ Surveyed on the y ground �V, O P�� d date herewith accoal mpanies antes on of this plaven t survey. p p y November 20, 2014 qs'd �• JOHN E. ALLEN Note: No abstract of title or title commitment was to Sheet 1 of 2 VE. r ,6 58...95 v .P W provided this surveyor. Record research done by this surveyor HUGO REED :LAND Allen `O�`gSS1� was made only for the purpose of determining the boundary of this AND ASSOCIATES. INC. stered Professional Land Surveyor No. 5895 �� S v property and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and y y SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK. TEXAS 79401 State of Texas encumber this property. TEXAS LICENSED SURVEYING FIRM 100f3 &W PHONE: 806 / 763-5642 TEXAS R1201STERED ENGINEERING FIRM F•760 FAX 808 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for OF # and any other identifiers as indicated in the certificate shown hereon. i NG.,, HWEST WATER RECLAMATION PROJx.,:T Parcel No. 39 - Permanent Easement PERIMETER SURVEY OF A 3.534 ACRE TRACT LOCATED IN SECTION 14, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 3.534 acre parcel located in Section 14, Block JS, Lubbock County, Texas, being the South 30.00 feet of a 622.59 acre tract described in County Clerk File Number (CCFN) 2010003402, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a 1/2" iron pipe found at the Southwest comer of said Section 14, Block JS, and at the Northwest comer of Section 13, Block A, Lubbock County, Texas, and at the Northeast comer of Section 14, Block A, Lubbock County, Texas, and at the Southeast comer of Section 13, Block JS, Lubbock County, Texas, and at the Northwest comer of the North Half of said Section 13, Block A, described in Volume 67, Page 510, Deed Records, Lubbock County, Texas (DRLCT), and at the Northwest comer of a 50.00 foot State of Texas highway easement described in Volume 935, Page 105, DRLCT, and at the Southeast comer of a 50.00 foot State of Texas highway easement described in Volume 952, Page 369, DRLCT, and at the Southeast comer of a 3.338 acre tract described in CCFN 2007038747, OPRLCT, and at the Northeast comer of a 6.75 acre tract described in CCFN 2008036588, OPRLCT, for the Southwest comer of this parcel; THENCE N. 01 °42' 16" E. along the common line of said Section 13, Block JS, and said Section 14, Block JS, and also along the common line of said 622.59 acre tract and said 3.338 acre tract, and along the East line of said 50.00 foot State of Texas highway easement, a distance of 30.00 feet to a mag nail with shiner set for the Northwest corner of this parcel; THENCE S. 87050'40" E. a distance of 5131.19 feet to a 1/2" iron rod with cap set in the East line of said 622.59 acre tract and in the West line of Tract "C", Crest Hill, an addition to the City of Lubbock, Lubbock County, Texas, according to the map plat, plat/or dedication deed thereof recorded in Volume 1214, Page 378, DRLCT, for the Northeast comer of this parcel; THENCE S. 02000'12" W. along the common line of said 622.59 acre tract and said Tract "C", Crest Hill, a distance of 30.00 feet to a 1/2" iron rod with cap set at the Southeast comer of said 622.59 acre tract and at the Southwest comer of said Tract "C", Crest Hill, and in the North line of a 3 07.3 15 acre tract described in Volume 4116, Page 119, Real Property Records, Lubbock County, Texas, for the Southeast comer of this parcel, which bears N. 87°50'40" W. a distance of 130.55 feet from a 1/2" iron rod with cap found at the common comer of said Section 13, Block A, and said Section 14, Block JS, and Section 2, Block D-4, Lubbock County, Texas, and Section 12, Block A, Lubbock County, Texas; THENCE N. 87050'40" W. along the common line of said Section 14, Block JS, and said Section 13, Block A. and along the common line of said 622.59 acre tract and said 307.315 acre tract, at 3183.31 feet pass the Northwest comer of said 307.315 acre tract, continuing along the said common Section line and along the common line of said 622.59 acre tract and said North Half of Section 13, Block A, for a total distance of 5131.03 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground November 20, 2014 (. OIL E. Allen egistered Professional Land Surveyor No. 5895 State of Texas OF GZ S TPf5�4+1 y 1 � tJl JOHN E. ALLEN ,,41 1115 to ,P J?SSI( S�'�.�0� Sheet 2 of 2 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 Texas UCENSED SURVEYING RRtu 10W640 PHONE: 806 / 7GM642 TEXAS RFCL4TFRFn vmmppmm ciou aaan caY• MR I 7aq_vtoq Exhibit B Legal Description of the Temporary Easement Final Easement 8 Temporary Easement Form 9 SCALE: 1 "=600' 22 O1 Q 4 C 3:3M ADWS �J 6 73 AMS dOW a aaelN AMEU k NORTHWEST WATER RECLAMATION PROJECT Parcel No. 39-A - Temporary Easement PERIMETER SURVEY OF A 1.767 ACRE TRACT LOCATED IN SECTION 14, BLOCK JS LUBBOCK COUNTY, TEXAS N%,SCALE : 1 "s1W POINT OF BEGINNING SI-C r/,% BLA�A N12 OF SEC T/OYV 13, BLOCK A C.L. OU/LLEN VOL. 67, PG. 510 Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. CnmhinpA Crab Par-mr• 1 nnn7dS7 Surveyed on the ground. November 20, 2014 1f. OIL o E. Allen gistered Professional Land Surveyor No. 5895 State of Texas OFT� S �''�►bt CIO JOHN E. ALLEN ,A re 5895 , � Q�r� "Zs sto�4�O� 622.59 ACRES STEPHEN CONE, /// TRUST CCf,#20/0003402 0 Line Table Line # Direction Length L1 N01. 42' WE 15.00' L2 S870 50' 40"E 5131.27' L3 S020 00' IeW 15.00' L4 NSr 50' 40"W 5131.19' ! �t:"twAZ Arni 'a 307.3/5 ACRES -_-�/ �I TEXAS TECH UN/VERS/TY PAS 39 ,a x p,� 40 ,lmd Va. 4116, PIG. 119 Cq cc kit NOTES: I HEAVY LINES INDICATE PLAT LIMITS. O - SET 1/2" IRON ROD WITH CAP 0 - SET MAG NAIL WITH SHINER ® - FOUND 1 /2" IRON ROD WITH CAP 0 - FOUND 1 /2" IRON PIPE A legal description of even survey date herewith accompanies this plat of survey. Sheet 1 of 2 Note: No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10DR&OD PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2014, Hugo Reed and Associates, Inc. for the sole use of Title Co. for OF #f and any other identifiers as indicated in the rrrtifiratr d.num h....... NO- - t WEST WATER RECLAMATION PRO., _ _T Parcel No. 39-A - Temporary Easement PERIMETER SURVEY OF A 1.767 ACRE TRACT LOCATED IN SECTION 14, BLOCK JS LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.767 acre parcel located in Section 14, Block JS, Lubbock County, Texas, being the North 15.00 feet of the South 45.00 feet of a 622.59 acre tract described in County Clerk File Number (CCFN) 2010003402, Official Public Records, Lubbock County, Texas (OPRLCT), being further described as follows: BEGINNING at a mag nail with shiner set in the East line of Section 13, Block JS, Lubbock County, Texas, and in the West line of said Section 14, Block JS, and in the East line of a 3.338 acre tract described in CCFN 2007038747, OPRLCT, and in the West line of said 622.59 acre tract, and in the East line of a 50.00 foot State of Texas highway easement described in Volume 952, Page 369, Deed Records, Lubbock County, Texas, which bears N. 01°42'16" E. a distance of 30.00 feet from a 1/2" iron pipe found at the Northeast corner of Section 14, Block A, Lubbock County, Texas, and at the Northwest comer of Section 13, Block A, Lubbock County, Texas, and at the Southwest comer of said Section 14, Block JS, and at the Southeast comer said Section 13, Block JS, for the Southwest comer of this parcel; THENCE N. 01'42' 16" E. along the common line of said Section 13, Block JS, and said Section 14, Block JS, and also along the common line of said 622.59 acre tract and said 3.338 acre tract, and along the East line of said 50.00 foot State of Texas highway easement, a distance of 15.00 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 87°50'40" E. a distance of 5131.27 feet to a 1/2" iron rod with cap set in the East line of said 622.59 acre tract and in the West line of Tract "C", Crest Hill, an addition to the City of Lubbock, Lubbock County, Texas, according to the map plat, plat/or dedication deed thereof recorded in Volume 1214, Page 378, Deed Records, Lubbock County, Texas, for the Northeast corner of this parcel; THENCE S. 02000'12" W. along the common line of said 622.59 acre tract and said Tract "C", Crest Hill, a distance of 15.00 feet to a 1/2" iron rod with cap set at for the Southeast comer of this parcel; THENCE N. 87°50'40" W. a distance of 5131.19 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground November 20, 2014 gE. 0 ...' llen d Professional Land Surveyor No. 5895 State of Texas ' OF Tom' 4 �GtSrP�d JOHN E. ALLEN �` •a 5895 y�Q; Sheet 2 of 2 ][=+Z:P HUGO REED IL AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK TEXAS 79401 TEMS LICENSED SURVEYING FIRM 100676-M PHONE: 606 / 763-5642 TCXAR warsictaacn CUr-4k ocoeun ciou c x CAV• Mgt 1 7R4_4R01 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Cyr GP Kelly Pinion County Clerk Lubbock County TEXAS 02/22/2016 02:i1 PM FEE: $74.00 2016005940